By: Hughes S.B. No. 1119
(In the Senate - Filed February 5, 2025; February 24, 2025,
read first time and referred to Committee on State Affairs;
March 17, 2025, reported favorably by the following vote: Yeas 11,
Nays 0; March 17, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to liability of a water park entity for injuries arising
from certain activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 75D to read as follows:
CHAPTER 75D. LIMITED LIABILITY FOR WATER PARK AND WATER PARK
ACTIVITIES
Sec. 75D.001. DEFINITIONS. In this chapter:
(1) "Water park" means a commercial property designed
to provide swimming, bathing, or other water-related recreation,
including water activities using swimming pools, water play areas,
water slides, splash pads, spray grounds, and lazy rivers. The term
includes associated facilities and services such as changing rooms,
showers, hot tubs, saunas, indoor or outdoor spectator seating
areas, picnic areas, and associated retail sales and services.
(2) "Water park activity" means an activity at a water
park for recreational or educational purposes.
(3) "Water park entity" means a person engaged in the
business of owning or operating a water park.
(4) "Water park participant" means an individual,
other than an employee of a water park entity, who attends a water
park or engages in a water park activity.
(5) "Water park participant injury" means an injury
sustained by a water park participant, including bodily injury,
emotional distress, death, property damage, or any other loss
arising from the person's participation in a water park activity or
attendance at a water park.
Sec. 75D.002. LIMITED LIABILITY. (a) Except as provided
by Subsection (b), a water park entity is not liable to any person
for a water park participant injury if, at the time of the water
park participant injury, the warning prescribed by Section 75D.003
was posted in accordance with that section.
(b) This section does not limit liability for an injury:
(1) proximately caused by:
(A) the water park entity's negligence with
regard to the safety of the water park, water park activity, or
water park participant;
(B) a potentially dangerous condition at the
water park, of which the water park entity knew or reasonably should
have known; or
(C) the water park entity's failure to train or
improper training of an employee of the water park entity actively
involved in the water park or a water park activity; or
(2) intentionally caused by the water park entity.
Sec. 75D.003. POSTED WARNING. For the purposes of
limitation of liability under Section 75D.002(a), a water park
entity must post and maintain a sign in a clearly visible location
at or near the entrance to the water park. The sign must contain the
following language:
WARNING
TEXAS LAW (CHAPTER 75D, CIVIL PRACTICE AND REMEDIES CODE) LIMITS
THE LIABILITY OF THE OWNER OR OPERATOR OF A WATER PARK ENTITY FOR
INJURIES OR DEATH OF A WATER PARK PARTICIPANT RESULTING FROM
ATTENDANCE AT A WATER PARK OR PARTICIPATION IN A WATER PARK
ACTIVITY.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
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